Herbert Smith, Jr.

Herbert A. Smith Jr. is a New York attorney with a background in divorce and family law whom Hedayati Law Group in Garden City named a partner in September 2025. His work has included both representing parties in court and serving in the chambers of a matrimonial Supreme Court justice.

As that justice’s principal law clerk and confidential law secretary, Smith drafted decisions addressing more than 500 motions, trials and hearings, according to his firm biography. He also conducted hundreds of conferences. In his litigation work, he tried cases in Supreme, Family, Surrogate’s and District Courts and argued appeals before the Appellate Division and Court of Appeals.

One such appellate matter was Gootnick v. Gootnick, whose September 10, 2025 decision names Smith as counsel with Hedayati for the appellant. The dispute concerned an attempt to reopen a divorce judgment entered on default in April 2016. The Second Department affirmed the denial of that request, with costs.

Smith’s family-law work has encompassed cases from their inception through trial, including divorces involving substantial assets. Custody, visitation and financial support were also part of that work, as were paternity, grandparents’ rights and Child Protective Service proceedings. Smith received a Bachelor of Arts from St. Olaf College in 1977 and completed his law degree at Brooklyn Law School in 1980.